At first sight, they look similar: in both cases the person does not actually go to prison, is supervised for a certain period and has to comply with specific obligations. In reality, the legal and practical differences are important: the nature of the measure, whether you are formally considered “convicted”, the duration of the supervision period, the effects on your rights and, above all, the way in which these measures appear on your criminal record certificate.
This article explains, in clear terms for non-lawyers, what the deferral of the application of the sentence and the suspension of the execution of the sentence under supervision mean in Romanian law, how they differ, what conditions apply and how each of them affects your criminal record and future. All references are to Romanian legislation, in particular the Criminal Code, the Criminal Procedure Code (Law no. 135/2010) and Law no. 290/2004 on the criminal record .
The information below is general in nature and cannot replace an individual assessment of your case by a lawyer. If you are under investigation or already on trial and want to discuss your options (including deferral, suspended sentence, plea agreement or simplified trial), you can schedule a consultation via the English contact page: Alexandru Măglaș – Law Office (Bucharest) .
1. Legal framework: where do these institutions come from?
Both institutions are regulated in the General Part of the Romanian Criminal Code, in the title on punishments and their individualisation:
- Deferral of the application of the sentence – Articles 83–90 Criminal Code (Section 4). The conditions are set out in Article 83 and the effects in Article 90 (see, for example, Article 83 – conditions for deferral of the application of the sentence (Romanian) ).
- Suspension of the execution of the sentence under supervision – Articles 91–98 Criminal Code (Section 5). The conditions can be found in Article 91 and the supervision term in Article 92 (for a consolidated text, see suspension of the execution of the sentence under supervision ).
Their interaction with the criminal record is governed by Law no. 290/2004 on the criminal record , especially Articles 2 and 9, which list the measures entered in the criminal record (convictions, security measures, educational measures, but also deferral of the application of the sentence and suspended sentences).
Finally, the way in which the criminal record “cleans up” over time is regulated by the institution of rehabilitation, in Articles 165–166 Criminal Code (rehabilitation by operation of law and judicial rehabilitation) and in Articles 530–534 of the Criminal Procedure Code , which deal with the procedure for rehabilitation.
Constitutional Court decisions and High Court (ICCJ) case-law have further clarified these institutions over the years, especially as regards their nature, the conditions for revocation and the relationship with the right to a fair trial and the principle of individualisation of punishment.
2. What is deferral of the application of the sentence?
2.1. Basic idea
Deferral of the application of the sentence is a non-custodial sentencing option by which the court determines a sentence (fine or imprisonment of up to 2 years), but decides not to apply it immediately. Instead, the court monitors the defendant’s behaviour for a fixed period (the supervision term). If the defendant fulfils the obligations imposed and does not commit a new offence, the sentence is never actually applied.
In simple terms: the court says “you deserve this sentence, but we give you a chance; if you prove during the next years that you can respect the law, the sentence will never be enforced”. The idea is to avoid the negative impact of a formal conviction, while still providing a clear warning and a structured supervision framework.
2.2. Conditions for deferral (Article 83 Criminal Code)
Article 83 Criminal Code sets out several cumulative conditions that must be met to obtain deferral of the application of the sentence. In essence:
- the sentence determined by the court (including in case of concurrence of offences) must be a fine or imprisonment of no more than 2 years;
- the offender must not have been previously sentenced to imprisonment, with some exceptions (for example, very old convictions for which rehabilitation has occurred);
- the defendant must give consent to perform unpaid community work, except in situations where the law exempts them (for instance, serious medical conditions);
- the court must conclude, based on the defendant’s personality, prior conduct, efforts to remedy the damage and the context of the offence, that the immediate application of the sentence is not necessary, but that supervision is appropriate.
Criminal policy reforms and subsequent amendments have also excluded deferral for certain offences with a very high statutory penalty or for some serious road-traffic offences, especially those committed while driving under the influence of alcohol or other substances.
2.3. Supervision term and obligations
The standard supervision term for deferral is 2 years (Article 84 Criminal Code). During this period, the defendant must comply with several supervision measures, similar to those applicable in the case of suspended sentences, such as:
- reporting to the probation service at dates set by the probation officer;
- receiving home or workplace visits from the probation service;
- informing the probation service about any change of residence or trips exceeding a certain duration;
- communicating any change of job and information on means of livelihood (the exact obligations are detailed in the judgment).
In addition, the court may impose additional obligations, for example:
- attending counselling or professional training programmes;
- undergoing medical treatment or rehabilitation programmes (e.g. for addictions);
- avoiding certain places, activities or persons related to the offence.
Supervision is carried out mainly by the National Probation Directorate and its local services . Failure to comply with the obligations or committing a new offence may lead to revocation of the deferral and the court may then order the sentence to be applied.
2.4. Effects of deferral (Article 90 Criminal Code)
Article 90 Criminal Code clarifies the effects of deferral when the supervision term ends without incidents. If the defendant has complied with all obligations and has not committed new offences during the term:
- the sentence is no longer applied;
- the person is not subject to the typical disqualifications, bans or incapacity that would normally result from a conviction;
- for the future, the person is in a position significantly closer to that of someone without a conviction than in the case of a suspended sentence.
In legal doctrine and case-law, deferral is often described as a benefit granted to the defendant, designed for less serious offences and for first-time offenders, precisely because it avoids some of the stigma and collateral consequences of a formal conviction.
3. What is suspension of the execution of the sentence under supervision?
3.1. Basic idea
Suspension of the execution of the sentence under supervision (often called in practice “suspended sentence”) is a measure by which the court pronounces a conviction to a term of imprisonment (up to 3 years) but decides not to enforce it immediately. Instead, the convicted person is monitored for a supervision term between 2 and 4 years (Article 92 Criminal Code).
The fundamental difference from deferral is that here there is a formal conviction and the sentence is considered applied; only its execution is suspended. This has major consequences for the criminal record and for a defendant’s status in future proceedings (recidivism, repeated offences, professional consequences).
3.2. Conditions for suspension (Article 91 Criminal Code)
Article 91 Criminal Code sets out the conditions under which the court may order suspension under supervision. In summary:
- the sentence applied (including in case of concurrence of offences) must be imprisonment of no more than 3 years;
- the offender must not have been previously sentenced to imprisonment greater than one year (subject to some exceptions, such as reabilitated convictions);
- the defendant must consent to perform unpaid community work;
- the court must consider that, although a custodial sentence is necessary, its execution is not, with supervision being sufficient to meet the purposes of the punishment.
Paragraph (3) of Article 91 lists a number of situations where suspension under supervision is excluded, for example:
- where the punishment consists only of a fine;
- where a previous deferral of the application of the sentence has been revoked;
- for certain serious offences expressly indicated by law or by subsequent amendments.
Recent legislative changes (often referred to in the media as the “Anastasia Law”) have further restricted the possibility of suspension in cases of negligent homicide in road-traffic contexts, especially where the driver was under the influence of alcohol or other substances. For these offences, courts may no longer order suspended sentences, which substantially increases the risk of effective imprisonment.
3.3. Supervision term and obligations
Under Article 92 Criminal Code, the duration of the suspension under supervision is between 2 and 4 years, and cannot be shorter than the term of imprisonment imposed. The term starts from the date on which the judgment becomes final.
During the supervision term, the convicted person must comply with supervision measures and obligations very similar to those in the case of deferral (Article 93 Criminal Code):
- reporting to the probation service as scheduled;
- informing about changes of residence or longer trips;
- informing about any change of job;
- complying with additional obligations such as bans on visiting certain places, contacting certain persons, performing community work, following treatment or counselling programmes, etc.
If the convicted person does not comply with these obligations or commits a new offence during the supervision term, the court may revoke the suspension and order effective execution of the prison sentence, possibly alongside the new sentence for the subsequent offence.
4. Key differences between deferral and suspension (legal and practical)
4.1. Nature of the measure: “benefit” vs. formal conviction
The first essential difference relates to the legal nature of the two institutions:
- With deferral of the application of the sentence, the court sets a sentence but does not apply it so long as the defendant respects the supervision conditions. If the supervision term passes without incident, the sentence is never enforced and the person is not subject to the typical collateral consequences of a conviction.
- With suspension of the execution of the sentence under supervision, there is a formal conviction to imprisonment, and the sentence is considered applied; only the execution is suspended. The collateral consequences are therefore more significant.
The High Court of Cassation and Justice (ICCJ) has repeatedly emphasised in its case-law that the two institutions have a different legal nature and cannot be treated as identical, especially when assessing recidivism, the effects of new offences or the conditions for revocation of the measure.
4.2. Limits of the punishment
From the standpoint of the sentence that can be imposed:
- deferral is possible only where the sentence determined is a fine or imprisonment of up to 2 years;
- suspension under supervision can be ordered for imprisonment of up to 3 years.
In practice, this means that for more serious offences or for multiple offences in concurrence leading to higher sentences, the court may still order suspension where deferral is no longer available.
4.3. Duration and intensity of supervision
- the supervision term for deferral is fixed at 2 years (Article 84 Criminal Code);
- for suspension, it is between 2 and 4 years and cannot be shorter than the sentence imposed (Article 92 Criminal Code).
Therefore, for the same offence, a suspended sentence may result in a longer period of supervision, during which any breach of obligations may trigger revocation and actual imprisonment.
4.4. Impact of a new offence
In both cases, committing a new offence during the supervision term can lead to loss of the benefit:
- after deferral, the court may order the sentence to be applied and may decide how it interacts with the new sentence (merging or cumulating sentences, depending on the circumstances);
- after suspension, the court may revoke the suspension and order the full execution of the original sentence, in addition to the sentence for the new offence.
Practically, this means that in case of a new offence, a person who had deferral may face a somewhat more flexible situation than a person who had a suspended sentence, where the risk of serving the full original sentence is higher.
5. How do deferral and suspension appear on your criminal record?
5.1. What Law no. 290/2004 says
According to Article 2 of Law no. 290/2004 on the criminal record , the criminal record keeps an official record of persons who have been convicted or against whom other criminal or administrative measures have been taken. The law expressly provides that the record includes, among others:
- data about convictions and about suspension under supervision;
- data about deferral of the application of the sentence and about renunciation of the application of the sentence;
- data about the start, interruption and termination of the execution of sentences, rehabilitation, amnesty etc.
Technically, therefore, both deferral and suspension are entered in the criminal record database. How they appear on the criminal record certificate requested for various purposes (employment, tenders, licences etc.) depends on several factors:
- the type of certificate (general or for a specific legal purpose);
- whether rehabilitation (by operation of law or judicial) has occurred or not;
- the time elapsed since the measure and how the police have updated the database (including any delays or errors).
5.2. Suspended sentence and the criminal record
In practice, a suspended sentence is treated as a conviction and will usually appear on the criminal record certificate until rehabilitation occurs and the data are removed from the record in accordance with the law.
After the rehabilitation term has elapsed (by operation of law or by judicial decision, depending on the nature of the sentence) and after the formalities required by Law no. 290/2004 have been completed, the entry may be deleted, so that subsequent criminal record certificates are “clean” for legal purposes.
5.3. Deferral of the application of the sentence and the criminal record
From the strictly technical perspective of the criminal record law, deferral of the application of the sentence is also entered in the record. However, several important nuances must be underlined:
- Article 90 Criminal Code states that a person for whom deferral has been ordered and who successfully completes the supervision term is not subject to disqualifications, bans or incapacity that would normally result from the offence;
- the Constitutional Court has stressed that deferral is not the same as a conviction and is designed precisely to allow the person, under strict conditions, to avoid the full consequences of a conviction;
- in practice, the way in which the entry appears on the criminal record certificate and the moment at which it is removed may vary; sometimes a request for correction or even a court application is needed where the data have not been updated correctly.
For this reason, if you have benefited from deferral and want to apply for a job, a licence or a visa that requires a criminal record certificate, it is advisable to obtain the certificate in advance, check its content and seek legal advice if anything appears unclear or incorrect.
5.4. Rehabilitation: when does the criminal record “clean up”?
Rehabilitation is the mechanism by which the effects of a conviction are extinguished so that the person regains, as far as possible, their previous legal status. The Criminal Code provides for:
- rehabilitation by operation of law (Article 165 Criminal Code) – for example, for imprisonment of up to 2 years or for suspended sentences; if certain conditions are met and the person does not commit a new offence, rehabilitation occurs automatically after a set term (often 3 years);
- judicial rehabilitation (Article 166 Criminal Code and Articles 530–534 Criminal Procedure Code) – granted by the court upon request, for more serious convictions, after the elapsing of a longer term and subject to conditions on conduct, payment of damages, etc.
After rehabilitation, the data on the conviction and the suspension should, in principle, be removed from the criminal record. In practice, delays or errors can occur, which is why it is important to monitor your situation, request certificates periodically and, if necessary, make a formal request for correction or initiate court proceedings.
6. Practical examples: how does the difference play out in real life?
6.1. Example – minor offence and first-time offender (deferral)
Imagine a first-time offender who commits a minor theft or another offence with a relatively low degree of social danger. The defendant admits the facts, compensates the victim and has a stable job and family support. The court, after assessing all circumstances, sets a sentence of 8 months’ imprisonment.
In this situation, if all legal conditions are met and the court considers that a formal conviction would be excessive, it may order deferral of the application of the sentence, with a 2-year supervision term and obligations such as reporting to the probation service, community work and attending a counselling programme.
If the person complies with the obligations and does not commit new offences during the 2 years:
- the sentence is no longer applied;
- the person is not subject to the typical disqualifications associated with a conviction (e.g. certain bans and incapacity);
- the impact on the future career and ability to obtain certain authorisations is considerably lower than in the case of a suspended sentence.
6.2. Example – drink-driving and suspended sentence
In another scenario, a person is convicted for drunk driving under Article 336 Criminal Code . The court sets a sentence of 1 year and 6 months’ imprisonment. Taking into account that it is the first offence and the person has taken steps to remedy the situation (e.g. paying damages, attending a rehabilitation programme), the court may order suspension of the execution of the sentence under supervision for a term of 3 years.
Here:
- the person is formally convicted to a prison sentence;
- the conviction will normally appear on the criminal record certificate until rehabilitation and removal of the entry;
- if a new offence is committed during the supervision term, the court can revoke the suspension and order the effective execution of the 1 year and 6 months’ imprisonment, in addition to the new sentence.
For professions that require a clean criminal record (e.g. regulated professions, public office, certain licences), such a conviction may have more serious consequences than deferral of the application of the sentence.
7. What can you do in practice if you are under investigation or on trial?
7.1. Factors considered by courts
When deciding whether to grant deferral, suspension or to order a sentence with effective execution, courts take into account a number of factors, including:
- the legal classification of the offence and the statutory penalty;
- whether the defendant has previous convictions or not;
- the attitude of the defendant (admission, cooperation, repairing the damage);
- the personal and social situation (employment, family, integration in the community);
- the need for general and special deterrence in relation to the type of offence (e.g. serious road-traffic offences).
Deferral is typically reserved for less serious offences and first-time offenders. Suspension under supervision is often used for more serious offences or where the sentence is higher but still within the 3-year limit.
7.2. Role of the defence strategy
The defence strategy can make the difference between a custodial sentence, a suspended sentence and deferral. A criminal defence lawyer can:
- assess whether the legal conditions for deferral or suspension are met in your case;
- prepare a coherent picture of your personal situation and prospects for reintegration;
- highlight the efforts made to remedy the damage (compensation, apologies, cooperation);
- advise you on whether it is in your interest to admit the facts and use special procedures such as the plea agreement or simplified trial , which may also influence the type of sentence and execution.
In some situations, a carefully negotiated plea agreement may lead to a suspended sentence or even to deferral, whereas in others it may be better to go through a full trial in order to seek an acquittal. This assessment can only be made after a thorough review of the file and the evidence.
7.3. What if something looks wrong in your criminal record?
If you already have a criminal record entry and believe that it should no longer appear (for example, because the rehabilitation term has elapsed), you can:
- file a request for correction of the criminal record with the police unit that issued the certificate, enclosing the judgment and any documents showing rehabilitation or expiry of the legal terms;
- if the answer is negative or incomplete, file a challenge before the competent court, asking the court to order correction of the record.
In such cases, it is advisable to consult a lawyer who can verify not only the legal basis for your request but also the most effective procedural route.
For a discussion focused on your specific situation, you can send a concise description of your case and the main documents via the contact page of the law office: criminal lawyer in Bucharest – Alexandru Măglaș – Law Office .
8. Frequently asked questions (FAQ)
1. Does deferral of the application of the sentence appear on the criminal record?
From a technical perspective, yes. Law no. 290/2004 on the criminal record provides that deferral of the application of the sentence is entered in the criminal record database. In practice, however, the way it appears on the criminal record certificate and the moment when it is removed depend on rehabilitation and on how quickly the police update the data. If you have benefited from deferral, it is advisable to obtain a certificate and ask a lawyer to review it with you.
2. Will a suspended sentence disappear from my criminal record at some point?
Yes. After the rehabilitation term has elapsed (either by operation of law or by judicial decision) and after the formalities required by Law no. 290/2004 have been completed, the entries relating to the conviction and suspension can be removed from the criminal record. For many suspended sentences of up to 2 years, rehabilitation by operation of law may occur after 3 years, provided that the person has not committed new offences during that period.
3. What is the “Anastasia Law” and how does it affect suspended sentences?
“Anastasia Law” is a media name used for a legislative reform that restricted the possibility of courts to order suspension under supervision for certain offences of negligent homicide committed in road-traffic situations, especially when the driver was under the influence of alcohol or other substances. For these offences, the court may no longer order suspension, which significantly increases the likelihood of effective imprisonment.
4. What is the main difference between deferral and suspension, in simple terms?
In simple terms, with deferral the court sets a sentence but does not apply it if you comply with the obligations during the 2-year supervision term; if everything goes well, the sentence is never enforced and you avoid many of the consequences of a conviction. With a suspended sentence, there is a formal conviction to imprisonment (up to 3 years), but execution is suspended for a longer supervision term (2–4 years); if you breach the obligations or commit a new offence, the court can order effective execution of the sentence.
5. What can I do if I see an entry on my criminal record that should no longer be there?
You can submit a request for correction to the police unit that issued the criminal record certificate, attaching the relevant judgments and proof of rehabilitation or expiry of the legal terms. If the request is rejected or not properly dealt with, you can file a challenge before the competent court. In both stages, legal assistance is strongly recommended.
Important: This article is for information purposes only and does not constitute legal advice. Each case must be analysed individually, based on the complete file, the applicable legislation at the time of the assessment and the most recent case-law.